NYSDEC Supports Temporary Variance for Hudson River Hydroelectric Project

Strategic Insights -

The New York State Department of Environmental Conservation (NYSDEC) has submitted comments to the Federal Energy Regulatory Commission (FERC) in support of a temporary variance for the Hudson River Hydroelectric Project at the Spier Falls Development. The project, located in Saratoga and Warren Counties, has been affected by a fire in the Spier Falls powerhouse, which resulted in both generating units falling out of service. In response, the Applicant, Erie Boulevard Hydropower, LP, has requested a temporary variance from the reservoir elevation requirements to facilitate repairs. NYSDEC has reviewed the application and recommends that the impoundment be refilled at no more than 1-foot per hour to prevent contravention of New York State water quality standards and reduce the risk of erosion.

Key Takeaways:

  • NYSDEC has reviewed the Notice of Application Ready for Temporary Variance Accepted for Filing and Soliciting Comments, Motions to Intervene, and Protests for the Hudson River Hydroelectric Project, FERC No. P-2482.
  • The Applicant, Erie Boulevard Hydropower, LP, has requested a temporary variance from the reservoir elevation requirements to facilitate repairs at the Spier Falls powerhouse due to a fire on September 14, 2024.
  • NYSDEC recommends that the impoundment be refilled at no more than 1-foot per hour to prevent contravention of New York State water quality standards and reduce the risk of erosion.
  • The impoundment was lowered to the spillway crest elevation of 428.8 feet, or six feet below the lower impoundment level, on October 9, 2024, following consultation with NYSDEC.
  • The Applicant estimates that the powerhouse reconstruction will take more than a year to complete, and it is estimated that the impoundment will be refilled by October 2025.
  • NYSDEC does not oppose the Applicant's request for the temporary variance to remain in effect until October 30, 2025.

Statistics:

  • The Spier Falls powerhouse caught fire on September 14, 2024.
  • The impoundment was lowered to the spillway crest elevation of 428.8 feet, or six feet below the lower impoundment level, on October 9, 2024.
  • The Applicant estimates that the powerhouse reconstruction will take more than a year to complete.
  • It is estimated that the impoundment will be refilled by October 2025.
  • The temporary variance is requested to remain in effect until October 30, 2025.

Sources:

  • New York State Department of Environmental Conservation (2025, August 26). Division of Environmental Permits 625 Broadway Albany, NY 12233-1750 | dec.ny.gov | hydro@dec.ny.gov | (518) 402-9167.
  • Erie Boulevard Hydropower, LP (2024, October 6). FERC Accession #: 20241007-5019.
  • Erie Boulevard Hydropower, LP (2025, June 10). FERC Accession #: 20240610-5021.